Michael removal could be blocked

By Bob Stuart

Published: April 30, 2008

STAUNTON — A Churchville attorney filed an injunction Wednesday to block the removal of Kurt Michael as Augusta County Republican party chairman and the unseating of county delegates to the Sixth District and state GOP conventions.
Attorney Francis Chester is representing Michael and 19 other plaintiffs.
Sixth District Republican Committee Chairman Fred Anderson is the defendant in the case, set for an 11 a.m. Friday hearing before county Circuit Court Judge Victor Ludwig.
Chester said he is seeking to “preserve the voting rights of all delegates’’ selected at the April 10 county Republican Mass Meeting.
The complaint also seeks to stop a special called meeting of the Sixth District Republican Committee on Saturday, when the committee would decide whether Michael or Larry Roller is chairman of the Augusta County GOP.
Roller was elected party chairman 141-103 during the first vote of the mass meeting.
Chester said because no rules were adopted by temporary Chairman Jim Bailey, Roller’s election was illegal.
The complaint also says that Bailey failed to adjourn the meeting properly, and “proceeded to abandon the chair even after pleas were made for him to continue the meeting in order to seat the delegates and Augusta County Republican Committee members.”
Michael won a later election as chairman 57-2.
In his complaint, Chester claims Anderson has appointed “an unlawful” special committee to investigate the chairman issue, and gave Michael less than 48 hours notice to meet with the committee.
“Furthermore, this illegal investigation is not in accordance with the accepted State Republican Party plan, the Augusta County Republican Committee Bylaws, or Robert’s Rules of Order,’’ the complaint states.
Chester maintains that the major reason for his injunction request is to preserve the voting rights of 59 county delegates to the Sixth District Convention this weekend, and 60 delegates to the Virginia Republican Convention later this month. The delegates were selected at the mass meeting.
“What is at issue is people’s right to vote,’’ he said.
Chester said in his complaint that Michael adopted rules in accordance with the state Republican Party plan when he ran the April 10 mass meeting.
The attorney said the delegates to the Sixth District and state conventions were voted as qualified after Michael conducted the meeting.
The complaint says Anderson has proposed that the 267 people who attended the mass meeting be allowed to vote as delegates at the Sixth District Convention.
“It is a clear conflict of interest to create a new pool of delegates who are likely to support his contested bid for reelection as district chairman,’’ Chester said in his complaint.
Michael declined to comment
Anderson said he had not been served with the complaint.
Chester said Friday’s hearing could be a lengthy one. He will present pertinent video from the four-hour mass meeting, and several witnesses, including Michael.